DRUNKEN FARES

Evening Post, Volume LXXXVII, Issue 75, 30 March 1914, Page 8

DRUNKEN FARES

SHOULD THEY BE CARRIED? POLICEMAN AND TAXI-DRIVER. An unusual oabe was heard before Mr. D. G. A. Cooper, S.M., to-day, when George Waddle, a taxi-cab driver, was charged under the City Corporation bylaws with' refusing to convey a "police constable and a drunken prisoner to the Lambton-quay Police Station. Mr. E. M. Beechey appeared for tho corporation, and Mr. E. J. Fitagibbon defended. Mr. Beechey said that on the 14th March Constable Crowe arrested a drunken man, who was inclined to resist arrest. The constable went to the Featherston-street taxi-cab stand, with the object of engaging a motor-car to take himself and his charge to tho police station. He called upon the defendant to take him to the station, only to meet with a refusal. The clause of the bylaw relating to the matter read aB follows:"— "No driver or conductor of any licensed vehicle shall refuse or delay to admit and carry in or by his vehicle the number of persons or quantity,,or weight of goods painted or marked thereon ,or specified in the license granted in respect thereof unless (in the case of licensed hackney carriages or licensed goods carts or licensed expresses) the Vehicle shall have been already hired (the proof thereof shall be upon the driver) or such driver or conductor shall be otherwise excused by any of the provisions of this bylaw." Counsel added that there were certain exceptions, Hut these did not apply in this case. For instance, a_ driver could refuse to carry noisy and riotous persons except where their destination was a police office or watch office. Ako, it was not compulsory on tho driver of a vehicle to carry any person suffering fAjm ah infectious disease. Constable Crowe, in his evidence, said that the utst taxi-cab he came to Was engaged. He then accosted tho defendant, who, in refusing, said that 2s was not enough for driving witness to tho police station when he might lost another good job. To Mr. Fitzgibbon : The prisoner wa» not violent or quarrelsome. Sergeant Henry who interviewed the defendant subsequent to the incident eaid that he asked the defendant if he knew that it was an offence to carry n drunken penson in a licensed vehicle, unless the fare was being cdnveyed to the watchhouse. The defendant had replied that he Knew that this was an offence. Mr. Beechey: As a matter of fact it turned out that this is not an offence?-— Yes, according to tho by-law. Mr. Beechey : A driver may refuse for certain reasons, but still it is optional. - AN AUCKLAND DECISION. Mr. Fitzgibbon, iii opening for the defence, said tho case was of considerable importance to taxi-cab drivels. Ho submitted that the case must fail, tirst in point of la,w. In this connection counsel pointed out that a similar case came up before Mr. Cutten, S.M., at Auckland recently. A constable cullou upon a taxi -driver to drive a drunken man to the btation, and on tho driver id using the constable put another driver on 'the taxi tor that puipose. The Magistrate said that it was the duty ot the driver lo keep hiss vehicle clean, uud it w - ab impossible for him to do so if he was compelled to carry drunken men or persons with soiled clothing. Drivers of omnibuses* and trams weio prohibited by law from carrying drunken persons, liley occupied a boinewhat ditferent position from taxi-drivers, but it seemed unreasonable that what was ground for an absolute prohibition in one case should make a driver liable tor cancellation of his license in the other. Ho (Mr. Cutten) did not think the by-law reasonable, and therefore dismissed the case. Mr. Fitzgibbon explained that he had been unable to get a reported copy of the decision in the case quoted, but he had his information from a, news paper report sent out by the Press Association. His Worship (referring to the Auckland case) : Was the man behaving veij violently in that case? Mr. Fitzgibbon: No, sir. His Worship ; I thought he was. Mr. Fitzgibbon said that' Mr. Cutten did not think the bylaw reasonable. His Worship : Is the Auckland bylaw the same as that in Wellington? Mr. Fitzgibbon : "t cannot give you any information about that." Counsel pointed out that the issue of a license to a driver was dependent mainly on two facts : The driver must be of 'good repute and > skill, and. further, tho state and condition of his car must be satisfactory. If _he . did not comply with these conditions he would run a risk of losing his license. Waddle's car was glassed-in, and it had linen upholsterings which might be readily damaged. Defendant's story was that when approached by the constable ho replied : "Would you mind putting him in another of tlic ears that are mi tin 3 stand 1 '" With that the cunslable turned lo'tnrl m an absolutely offensive manner. .nil sAidj "Voti refuse to dine mo?" The

defendant had then answered s "No, 1 don't; but I am not going to dtive you if I can help it." With that the constable marched off and engaged an open car. with leather upholsterings, Biich as could be easily washed. In the meantime another driver of a taxi, with plain uphol&terings, had shouted out so that the constable could hear tha\ he would take the fare. Counsel submitted that the policeman should havo taken the less luxuriously-furnished car in the first j)lace. Waddle, in his evidence, denied having mentioned anything about the ptiee , of the fare, when approached by the constable. Cross-examined by Mr. Beechy. headmitted having been recently convicted for refu&ing to shift off the stand when, required to do &o by tho police. "POLICE INTERFERENCE. " Counsel : You don't agree with this police interference?— l think that tho police will Bay that I abido by the bylaws, unless I think they are 'not practicable or are not right. Mr. Beechy : You must remember that you are not the person who is to construe the bylaws. Two witnesses, both taxi-cab driver?, gave evidence on behalf of the defendant, and also pointed out the.' it was a general understanding tunong tha drivers that cars with plain leather upholsterings should take police fares in ' preference to " fiashy-finished" automobiles. • The Magistrate said that there was sufficient evidence to convict. It was not known— he commented— what tho Auckland bylaw was on which Mr. Cutten based his decision. He (Mr. Cooper) sympathised with Waddle, but he must convict him A fine of Is, with costs (7s), was imposed.